Transferring Real Property from an Illinois Estate

Find the Illinois laws for dealing with a
decedent’s real property at 755 ILCS 5/20.

Probate is a court-supervised, lawful distribution
of a deceased individual’s assets. The nature of the probate case depends on
whether the decedent died testate (with a last will and testament) or intestate
(without a will). In both cases, someone acts as the decedent’s personal
representative and performs the tasks associated with settling the estate.

If there is a will, and it identifies a person (or
people) to handle the distribution, the person is known as an executor. The
court generally certifies the executor and issues documents called letters
testamentary. The letters confirm the case’s probate status and authorize the
executor to close out the estate according to the decedent’s wishes. Here, the
decedent may also be called the testator.

The court appoints an administrator for intestate
probate estates as well as those testate cases where the named executor is unable
to serve. There are several types of administrators, and they require varying
degrees of supervision. Once the administrator is approved, the court officer
provides letters of administration. As with the letters testamentary, these
confirm the probate case and authorize the administrator, but they also set out
the necessary procedures for that specific case.

One common task for the person settling an estate
is selling real property. As with other property transfers, the representative
uses a deed to formalize the change in ownership, but such transactions require
the use of either an executor’s or an administrator’s deed. These documents
must meet the same form and content standards as so-called “regular” warranty
or quitclaim deeds, and incorporate additional information related to the
specific transaction. The details may vary based on the situation, but
typically include facts about the decedent and the nature of the probate case.
(765 ILCS 5/12)

After the deed is executed (signed in front of a notary), confirm it with the court if necessary, then file it in the public records for the Illinois county where the property is located.

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Information deemed reliable but not guaranteed, you should always confirm this information with the proper agency prior to acting. The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date.